The EU Intellectual Property Office (EUIPO) has released details of its approach to artificial intelligence (AI) and its current use of AI tools in the trade mark lifecycle.
The approach to the current and future development of AI solutions at the EUIPO aims to be “responsible, transparent, and people-centred.” It is built upon five pillars:
- AI as a strategic enabler;
- adopting AI in a structured way;
- applying AI in a practical way;
- cooperating and sharing knowledge on AI; and
- introducing AI with a human-centric touch.
While AI is at the heart of the EUIPO’s strategy moving forward, it has said its approach to the use of AI will remain “human-centric”: rooted in the needs of its staff and providing, first and foremost, a helpful tool to support but not replace their expertise. Above all, the EUIPO emphasises that its approach is committed to the “ethical and responsible” use of AI. That means creating AI-enabled systems which are “transparent, unbiased, and secure, with strong safeguards to protect privacy and data”.
The EUIPO has also announced details of its current usage of AI tools in the trade mark lifecycle.
Perhaps most eye-catching in the accompanying graphic featured on the EUIPO’s website is the inclusion of AI-powered search functions to help EUIPO examiners identify relevant prior cases as part of the drafting process for new decisions. There are no AI-based tools used at present to generate EUIPO decisions wholesale, but current AI tools assist examiners with certain elements of their determinations, for example, whether certain goods and services have previously been found similar in an opposition, or whether certain words have tended to attract objections for being descriptive during the examination of whether a trade mark is inherently registrable. We would hope to see this approach allowing for a more comprehensive review of historic case material by examiners which will improve consistency without impeding (and perhaps even lessening) the lead time for decisions, by freeing up examiners’ time and mental energy to focus on the unique or more nuanced aspects of the particular case before them.
The inclusion of AI-assisted image searching within existing EUIPO tools such as TMview, DesignView and eSearch plus is another key development to be welcomed. As a firm we are already making use of tools like these with success, and they offer significant improvements in terms of speed and accuracy over the dated systems for classifications of images which have traditionally been relied on. This technology should make advising on and clearing figurative trade marks and designs much more cost-effective and accessible for IP stakeholders going forward.
The EUIPO’s commitment to transparency and clarity in its approach to AI is welcome. It is clear that the EUIPO is looking at specific use cases for putting AI-based tools into effect and is not, as it says, merely adopting AI for its own sake. It is hoped that the needs of IP owners and EUIPO users will be prioritised equally along with EUIPO staff and governance going forward, as the capabilities of AI-based tools continue to evolve. We also look forward to seeing potential collaboration between the EUIPO and other intellectual property offices in driving efficiency and innovation through AI, while retaining human expertise at the core of IP examination and decision making processes.
Read more insights from our trade mark practice here.
For more on AI at Boult, read more from our dedicated AI practice here.
